In Jamaica, the Caribbean and internationally, the process of arbitration as an alternative to court action in settling disputes is no longer the subject of an esoteric debate, but increasingly is becoming a standard requirement in both government and private-sector contracts. In the process of numerous and varied activities in this field, a great deal of experience and knowledge has been acquired by the author. Over the years, many of his colleagues, mainly in the legal profession, have suggested that if not recorded, this knowledge will be lost. It is in response to those requests that this book has been written. The volume is annotated with practical solutions, not often found in most textbooks on this subject, to frequently asked questions of the author over the years concerning general practice and management of the process of arbitrations.

Are you getting the best out of mediation? Written by an active practising mediator, Mediation Advocacy: Representing and Advising Clients in Mediation takes you inside the mediation process, from the initial consideration of mediation to settlement and beyond. Drawing on current practical experience and the latest behaviour research in clear readable language it deals with the legal, financial, psychological and practical dimensions of mediation. A 'how to do it' guide for anyone attending mediations as representatives, clients, experts or mediators, the fully revised, restructured and updated Second Edition includes: - New chapters on: -- Cross cultural issues - what to say and do and what not to say and do. With examples that you can use -- Online Mediation - explains the differences when mediating by phone or via a video link. Tips and tricks to help you get started -- Developing your practice as a mediation advocate: people are making money as specialists. Learn how to do it - Increased emphasis on how to conduct a negotiation in mediations - Expanded chapters on mind traps and the effect of cognitive biases on decision-making - New material on how to speak and present at mediations. Includes exercises to put you in the right mental and physical state on the day - Improved visuals and flow charts - Worked examples of risk analysis - Updated scripts for advocates and clients to use in joint sessions - Dedicated sections on self-advocacy - for those who are going to mediation without their lawyer

Challenging Sports Governing Bodies covers the decision to challenge the actions of a sports governing body and considers the causes of action that form a basis for them. This title refers to this important area of practice that more company, commercial and regulatory practitioners are venturing in to. The text is encyclopaedic in nature and practice based providing a practical analysis of key issues for practitioners. Footnotes are used to identify the leading cases for propositions in the main text and to help with finding similar and relevant cases. To ensure this work is comprehensive in its subject matter there is a short section on Remedies focusing on internal appeal routes and arbitration.

Dr Lionel Etan-Adollo has set the benchmark for evaluation, comparison and investigation for many jurisdictions in the area of Oil and Gas Security of Title and Government Investor Relationship using the comparison between the UK and the US Regime of Upstream Oil and Gas Licensing as case study. Although the two licensing regimes are not perfect, but there is so much other oil and gas jurisdictions could learn from these two jurisdictions as they continue to develop. There are historical collaboration / partnerships between investors and governments in the UK Continental Shelf (UKCS) and the US Gulf of Mexico Outer Continental Shelf. So far as the foreign or domestic investor in Petroleum Exploration and Production is concerned the security of her / his title is a legal sine-qua-non. In both jurisdictions, the State is superior in law to the foreign investor but despite this both jurisdictions have demonstrated an attempt at even-handedness. Both enshrine respect for the rule of law in their constitutional arrangements and they also try not to act arbitrarily in the licensing process and in the regulation of the petroleum sector. Laws are more tested in the US Gulf of Mexico than the UK North Sea. The two jurisdictions have more in common, we can observe similarities and differences of issues for and against security of investors' title rights in both US GOM and UKCS jurisdictions. Despite the undoubted advantages accruing to the petroleum investor in both the UK and US jurisdictions compared to all other countries of the world, the author of this book believes securing investors' title rights is not a straight path or an easy one way street for either the government or the investor, but there are directly or indirectly built in legal checks and balances like an unbreakable rope being pulled on either side that perhaps sway the powers of the two partners (government and investor) either side when making comparisons in the two jurisdictions. We state that there is more than one way to look at security of title and even after our exhaustive study, we conclude that investors take a broad brush approach. We have identified numerous individual issues, but conclude that there is not one single event in amongst that list which is dominant. Taking the broad brush, investors are cautious. Furthermore, investors' collaboration / partnerships with government; knowing and working in line with what is important to government, and going green would further enhance security of title rights in this new carbon economy. Saving the world and making money are no longer mutually exclusive. In the Concluding chapter, we have added "Lessons Learnt", the high notes and what is still required in the two jurisdictions. Dr. Lionel Etan-Adollo has worked as a Senior Management Consultant and Project Management Professional on many of the global projects (including Oil and Gas projects) of renowned conglomerates and transborder corporations, and has travelled as far as Australia, India, USA, Africa and many countries in Europe.

Alinhando-se a "Nova Critica ao Direito" (Streck), Rafael Mendonca procura na Mediacao um caminho democratico para a superacao das perplexidades da jurisdicao ordinaria. Resgatando a beleza do conflito e suas potencialidades, aponta a Mediacao como um caminho no qual os verdadeiros atores da vida sao protagonistas.

Opportunities to see expert cross-examinations are often infrequent in international arbitration and the occasions to sharpen these skills for many are rare. This book is both an invaluable teaching tool as well as a general guide to effective cross-examination in international arbitration. Based on extensive experience and insight from the authors and aided by practical examples, it provides a thoroughly illustrated analysis of how essential cross-examination techniques can best be adapted to the arbitral format. Concise and well organised, it leads the reader through the different cross-examination techniques in an accessible point by point structure, presenting readers with a clear and authoritative introduction on how best to conduct a cross-examination or a quick-reference for more experienced practitioners. An international arbitration hearing is very different from a trial in a court and any practitioner appearing as counsel, whether common or civil law lawyers, needs to know what will happen and how it will differ in order to adapt their conduct. Hober and Sussman explore the challenges practitioners face when conducting a cross-examination in such an environment and provide practical learning aids to help overcome them. Cross Examination In International Arbitration addresses the common issues that can occur in cross-examination in arbitrations such as adjusting the level of English to consider the competency of the panel's least competent member or how to cross-examine a witness with only the use of a written statement rather than by means of oral direct testimony. By highlighting the common challenges which might arise, the authors present a guide which will benefit those practicing or looking to practice in this field.

A leading expert in informal logic, Douglas Walton turns his attention in this new book to how reasoning operates in trials and other legal contexts, with special emphasis on the law of evidence. The new model he develops, drawing on methods of argumentation theory that are gaining wide acceptance in computing fields like artificial intelligence, can be used to identify, analyze, and evaluate specific types of legal argument. In contrast with approaches that rely on deductive and inductive logic and rule out many common types of argument as fallacious, Walton's aim is to provide a more expansive view of what can be considered "reasonable" in legal argument when it is construed as a dynamic, rule-governed, and goal-directed conversation. This dialogical model gives new meaning to the key notions of relevance and probative weight, with the latter analyzed in terms of pragmatic criteria for what constitutes plausible evidence rather than truth.

This is the first history of mediation and arbitration in England before the Common Law. In prehistoric times, archaeology and genetics provide evidence of assemblies to deal with disputes. From Roman times, documents survive which show mediation and arbitration in practice. A fragment of an award is dated 14 November 114AD. A Wiltshire arbitrator reports in his own words of arbitrating in Alfred's time. A Worcestershire award a thousand years ago could teach today's practitioners new tricks. After the Norman Conquest, a compromise could still be mediated in the middle of trial by battle, one side's champion concealing that he had lost his sight.This book provides the first history of how disputes of all kinds were managed in England before the Common Law. It starts in prehistoric times, with archaeology, anthropology and genetics providing evidence of regular assemblies dealing with disputes. From Roman times onwards, documents allow a detailed, though partial, picture to be drawn. Not only does the literature describe how mediation and arbitration worked in practice, but a fragment survives of an award dated 14 November 114AD.The sources grow more plentiful in Anglo-Saxon times. We can read a Wiltshire arbitrator's full report in his own words of an arbitration in Alfred's time and learn new tricks from an award made in Worcestershire a thousand years ago. Long after the Norman Conquest, the normal method of resolving disputes was still by public arbitration in traditional assemblies according to customary law. And a compromise could be mediated in the middle of a trial by battle, with one side's champion concealing that he had lost his sight.This interdisciplinary study uses all the surviving original sources with new translations, drawing on the work not only of historians but archaeologists, anthropologists, linguists, geneticists and other natural scientists. It shows how natural and widespread mediation and arbitration have been in England since before history began. There is plenty of evidence of routine mediations and arbitrations in all manner of disputes: landownership, succession, ecclesiastical squabbles. A successful mediation after a prince had been killed led to peace between Northumbria and Mercia. There was no lack of techniques fashioned to fit, including expert determination and a sophisticated form of dispute management successfully avoiding a difference becoming a dispute.To understand how disputes are managed, it is necessary to know what languages were used and how. An appendix deals with the many unsettled questions of the languages of the period, British (including Welsh), Latin, Anglo-Saxon and Anglo-Norman (French).

Daniel Malacara, PhD, is a Professor at the Centro de Investigaciones en Optica, Leon, Gto, Mexico. A designer and constructor of optical instruments, including telescopes, he is well known for his books, including Optical Shop Testing, which has been translated into several languages. Dr. Malacara is a Fellow of the Optical Society of America and of SPIE, the International Society of Optical Engineering.

This book provides a detailed overview of arbitration, from the pre-hearing phase through the hearing and deliberation of the award. It guides the new arbitrator through the arbitration process by answering the one hundred questions most frequently asked by new arbitrators. This book has been used successfully for self-instruction and as a training manual. It is not just for new arbitrators! Experienced arbitrators and attorneys who represent clients in arbitration will find this manual extremely useful. The discussion of evidentiary concepts is especially valuable for non-attorney arbitrators, who must deal with the evidentiary vocabulary of the legal profession. You will learn to provide the necessary ethical disclosures, conduct a preliminary conference issue pre-hearing orders, establish a discovery schedule, resolve discovery disputes, deal with attempted delays, preside at a hearing, render an award, and avoid prejudicial conduct.

This book is based on the fundamental tenet that conflict is ever present and cannot be eliminated but can be worked with. The authors demonstrate that the mediator can facilitate a paradigm shift in their approach, moving from adversity to a 'good enough' working alliance, providing practical approaches to the dilemmas and pitfalls mediators invariably face.

President Bill Clinton's year of crisis, which began when his affair with Monica Lewinsky hit the front pages in January 1998, engendered a host of important questions of criminal and constitutional law, public and private morality, and political and cultural conflict. In a book written while the events of the year were unfolding, Richard Posner presents a balanced and scholarly understanding of the crisis that also has the freshness and immediacy of journalism. Posner clarifies the issues and eliminates misunderstandings concerning facts and the law that were relevant to the investigation by Independent Counsel Kenneth Starr and to the impeachment proceeding itself. He explains the legal definitions of obstruction of justice and perjury, which even many lawyers are unfamiliar with. He carefully assesses the conduct of Starr and his prosecutors, including their contacts with the lawyers for Paula Jones and their hardball tactics with Monica Lewinsky and her mother. He compares and contrasts the Clinton affair with Watergate, Iran-Contra, and the impeachment of Andrew Johnson, exploring the subtle relationship between public and private morality. And he examines the place of impeachment in the American constitutional scheme, the pros and cons of impeaching President Clinton, and the major procedural issues raised by both the impeachment in the House and the trial in the Senate. This book, reflecting the breadth of Posner's experience and expertise, will be the essential foundation for anyone who wants to understand President Clinton's impeachment ordeal.

The Developing World of Arbitration studies the recent emergence of Asia Pacific jurisdictions as regional or international arbitration centres, thanks to various reform efforts and initiatives. This book provides an up-to-date and comprehensive analysis of the ways in which arbitration law and practice have recently been reformed in Asia Pacific jurisdictions. Leading contributors across the Asia Pacific region analyse twelve major jurisdictions representing varying patterns and degrees of development, whether driven from top down, bottom up, or by some hybrid impetus. Setting the arbitration systems and reforms of each investigated jurisdiction in the context of its economic, political, and judicial dynamics, this book presents, for the first-time, a cross-jurisdiction comparative and contextual study of the developing world of arbitration in the Asia Pacific and contributes to comparative international arbitration literature from an Eastern perspective. It also aims to identify an Asia Pacific model of arbitration modernisation, one that may be distinct from a Western model, and predicts future trajectories of development and challenge in light of the ever increasing competition between Eastern- and Western-based arbitration centres. This edited collection will be an invaluable addition to the libraries of academics and practitioners in the field of international commercial arbitration.

This edited volume aims at examining China's role in the field of international governance and the rule of law under the Belt and Road Initiative from a holistic manner. It seeks alternative analytical frameworks that not only take into account legal ideologies and legal ideals, but also local demand and socio-political circumstances, to explain and understand China's legal interactions with countries along the Road, so that more useful insights can be produced in predicting and analysing China's as well as other emerging Asian countries' legal future. Authors from Germany, Korea, Singapore, Mainland China, Taiwan and Hong Kong have contributed to this edited volume, which produces academic dialogues and conducts intellectual exchanges in specific sub-themes.

This book charts the transformative shifts in techniques that seek to deliver collective redress, especially for mass consumer claims in Europe. It shows how traditional approaches of class litigation (old technology) have been eclipsed by the new technology of regulatory redress techniques and consumer ombudsmen. It describes a series of these techniques, each illustrated by leading examples taken from a 2016 pan-EU research project. It then undertakes a comparative evaluation of each technique against key criteria, such as effective outcomes, speed, and cost. The book reveals major transformations in European legal systems, shows the overriding need to view legal systems from fresh viewpoints, and to devise a new integrated model.

Restorative practice is an innovative approach to thinking about, and addressing, conflict and bullying, as well as disruptive, challenging and criminal behaviour. The approach is increasingly used to transform the culture of organisations, institutions and services and the way people communicate with one another. In this book, ten practitioners describe a restorative encounter as seen through the lens of their own theoretical model. The book's unique structure is modelled on a restorative practice known as Circle Time- comprising of a Check-in, a Main Activity, and a Check-out. In the Check-in the practitioner explains how their own theoretical model informs their practice; in the Main Activity they comment on the same case studies to highlight how each theory can deepen our understanding of what might be happening and why; and in the Check-out they reflect on what they have learned from reading each other's contributions. This is a unique exemplar of how restorative theory and practice can influence how practitioners think, learn and write about restorative practice. This will be an invaluable resource for restorative practitioners working across sectors including education, social services, youth offending or policy.